Secrecy News

The Speech or Debate Clause, and More from CRS

The speech or debate clause of the US Constitution provides Members of Congress (and their staff) with civil and criminal immunity for “legislative acts” that they perform in the course of their duties, shielding them from harassment or intimidation.

The clause is “a key pillar in the American separation of powers” that serves to “protect the independence, integrity, and effectiveness of the legislative branch by barring executive or judicial intrusions into the protected sphere of the legislative process,” as described in a new overview from the Congressional Research Service.

If Members of Congress do not value their deliberative role and do not wish to function as independent actors, the speech and debate clause cannot make them. But it is there to protect them if they do. See Understanding the Speech or Debate Clause, December 1, 2017.

Other new reports from the Congressional Research Service include the following: